Legal Question in Family Law in Indiana

name change of minor child

i recently moved to indiana form illinois and wanted to change my child's last name. My ex whom i was never married to is currently in prison fot dosmestic battery and i myself had a 2 year order of protection which recently expired. when i received my 2 year order of protection he wanted visitation rights which was denied because neither one of us had the voluntary acknowledgement of paternity papers so the judge sd the he would have to go thru the court system to prove he was the father which he never did and now it is 2 yrs later and i want to change her last name to mine do i have to notify him of this?????? help in indiana


Asked on 1/23/04, 3:10 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: name change of minor child

Indiana's name change law for a minor (found at IC 34-28-2) requires that both parents consent except in cases where the non-custodial parent would not be required to consent for purposes of adoption of the child by a stepparent or someone else. Even if you do not need his consent, you must notify him, as the law also says that both parents must be served with notice of the petition.

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Answered on 1/26/04, 10:18 am


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